Oregon Supreme Court

2018

January 1 summary

“[A] trial court has general or specific statutory authority to include, in a charging order, ancillary provisions that it finds necessary to allow a judgment creditor access to a debtor-partner’s distributional interest in a company, as long as those provisions do not unduly interfere with the company’s management.”

Area(s) of Law:

Business Law

February 0 summaries

March 6 summaries

When revision of an opinion would not bring into question the opinion's reasoning or result and could foreclose another court, modification is allowed. Chart Development Corp. v. Dept. of Rev., 16 OTR 9, 14-15 (2001).

When it becomes clear in the course of a judicial
proceeding that resolving the merits of a claim “no longer will have a practical effect on or concerning the rights of the parties,” the case is moot. Brumnett v. PSRB, 315 Or 402, 406, 848 P2d 1194 (1993)

Under OEC 404(3), in order to admit evidence of violent behavior for non-propensity purposes, the state must "show some substantial connecting link between the two acts," that is, between the other act and the charged act. State v. Flett, 234 Or 124, 380 P2d 634 (1963).

The “subject matter” of a ballot title is “the ‘actual major effect’ of a measure or, if the measure has more than one major effect, all such effects (to the limit of the available words).” Lavey v. Kroger, 350 Or 559, 563, 258 P3d 1194 (2011); ORS 250.035(2).

To prove that a delivery "is for consideration" under ORS 475.900(2)(a), the State is required to offer evidence that a defendant either entered into an agreement to sell or completed a sale of the specified drug. Evidence that a defendant possessed the drug with intent to sell them is insufficient.

Area(s) of Law:

Criminal Law

April 1 summary

Under ORS 34.320, if a habeas plaintiff has been transferred to a different facility, the court shall “transfer the case to the jurisdiction in which the other institution is located, unless the court ‘determines that by reason of the plaintiff’s transfer the claims *** do not require immediate judicial scrutiny or are otherwise subject to dismissal’” which are to be determined on a case by case basis.